HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-387 0
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY,CALIFORNIA
Adopted this Resolution on June 18, 2002 by the fallowing vote:
AYES: Supervisors Gerber, Ui.lkema, DeSaulnier, Glover, and Gioia
DOES: None
ABSENT: None
ABSTAIN: None
RESOLUTION NO 20421 387
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Bellingham
Square Park, P.A. 0002 (cross reference Subdivision 7976) being developed by
Windemere BLC,LLC, San Ramon area(Dougherty Valley). (District III)
The following document was presented for Board approval this date for, Bellingham
Square Park, PA 0002 (cross reference Subdivision 7976) located in the (Dougherty"Valley) San
Ramon area.
A Subdivision Agreement (Right of Way Landscaping) with Windemere BLC, LLC,
developer, whereby said developer agrees to complete all improvements as required in said
Subdivision Agreement (Right of Way Landscaping) within one year from the date of said
agreement. Improvements generally consist of landscaping.
Said document was accompanied by the following:
Security to guarantee the completion of right of way landscaping as required by Title 8
and 9 of the County Ordinance Code, as follows:
I. Cash Deposit
Deposit Amount: $12,027.00
Deposit made by: Windemere BLC,LLC
Auditor's Deposit Permit No. and Date: 386578,May 16,2002
WL:cw 1 hereby certify that this is a true and correct copy of an action
o..\(hpDat&\EngSvoSM002\6-18-02 PA 0002 BO-16. taken and entered on the minutes of the Board of Supervisors on
Originator: Public Works O�s) the date shown.
Contact:W.Lai(313-2409)
cc: Public Works-T.Bell,Construction ATTESTED: "lune. 18, 2002
Current Plarming,Con—zaty Development JOHN SWEETEN,Clerk of the Board of Supervisors and County
T–4-17-03(PI)
Windera ere BLC,LLC Administrator
3130 Crory Canyon Pl.#310
San Fkarnon,CA 94383
Attn:Brian Olin
St.Paul Fire and Marine insurance Co. *w��� � Deputy
333 City Blvd.West#1100 By ep t
Orange,CA 92868
RESOLUTION NO.2002/ 387 __,
SUBJECT: Approve Subdivision Agreement (Right of Way Landscaping) for Bellingham
Square Park, PA 0002 (cross reference Subdivision 7976) being developed by
Windemere BLC, LLC, San Ramon area(Dougherty"Valley). (District III)
DATE: June 18,2002
PAGE 2
Il. Surety Bond
Band Company: St. Paul Fire and Marine Insurance Company
Bond Number and Date: ST 1843,May 8, 2002
Performance Amount: $1,190,673.00
Labor&Materials Amount: $601,350.00
Principal: Windemere BLC,LLC
NOW THEREFORE BE IT RESCUED that said Subdivision.Agreement(Right of Way
Landscaping)is APPROVED.
All deposit permits are on file with the Public Works Department.
RESOLUTION NO. 20021387 ""
SUBDIVISION AGREEMENT
(Right of Way Landscaping)
(Government Code§66462 and§66463)
Subdivision: PA 0002{cross-ref Sub 7976) Effective Date:
Subdivider: Windemere B C. LLC. Completion Period: 1 year
THESE SIGNATURES ATTEST TO THE PARTIES'AGREEMENT HERETO: DEVELo A California is li wINDEMEI2B BLC LAND COMPANY LLC,
littrited liability Company
By:LEN-OBS windemere,LLC
CONTRA'COSTA COUNTY SUBDIVIDER: A Delaware limited liability Company
By:Lennar Homes of California,Inc.,
Maurice M. Shiu,Public Works Dire Managing Member
r s en
RECOMMENDED POR APPROVAL:
Engineering Servic<s qIviffidn X (pftrama)&No) LyYn 4oc , Asst. Secretary
FORM APPROVED: Victor J.Westman, County Counsel
(NOTE:All signatures to be acknowledged. If Subdivider is incorporated,
signatures must conform with the designated representative groups
pursuant to Corporations Code§313.)
1 PARTIE§&Q7 . Effective on the above date,the City of County of Contra Costa,Califomia,hereinafter called"kyr ,"and the
above-mentioned ,mutually promise and agree as follows concerning this subdivision:
2. IMPROVEMENTS. Subdivider agrees to install certain road improvements (both public and private),drainage improvements,
signs, street lights, fire hydrants, landscaping, and such other Improvements (including appurtenant equipment) as required In the
Improvement plans for this subdivision as reviewed and on file with the Contra Costa County Public Works Department and In conformance
with the Contra Costa County Ordinance Code(including future amendments thereto).
Subdivider shall c ompplots said work and Improvements(hereinafter called"work")within the above completion period from date
hereof as required by the Califomla Subdivision Map act(Government Code§§66410 and following),in a good workmanlike manner,In
accordance with accepted construction practices and In a manner equal or superior to the requirements of the County Ordinance Code and
rulings made thereunder, and where there Is a conflict between the Improvement plans and the County Ordinance Code,the stricter
requirements shall govem.
3. 1 . Upon executing this Agreement,the Subdivider shall,pursuant to Government Code§66499,and
the County Ordinance Code,provide as security to the County:
A. Cor eerformance.prid Ql.iajAntee. $j2M7.00 cash, plus additional security, In the amount of$ ,16Q, which
together total one hundred percent(100%)of the cost of the work. Such additional security is presented n thhe orm o
Cash,certified check or cashiers check.
_X,___ Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this security,the Subdivider guarantees performance under this Agreement and maintenance of the work for one year after its
completion and acceptance against any defective workmanship or materials or any unsatisfactory performance.
B. For Payment: Security in the amount of$601.350.00,which Is fifty percent(50%)of the estimated cost of the work.
Such security is presented in the fort o:
Cash,certified check,or cashier's check
X _ Acceptable corporate surety bond.
Acceptable Irrevocable letter of credit.
With this securItyty,the Subdivider guarantees payment to the contractor,to his subcontractors,and to persons renting equipment or
fumishing labor or mater(ais to them or to the Subdivider.
C. Upon acceptance of the work as complete by the Board of Supervisors and upon request of the Subdivider,the amount
securities may be reduced in accordance with§94-4.406 and§94-4.408 of the Ordinance Code.
4. GUARANTEE AND WARRA WORK Subdividerguarantees that said work shall be free from defects in material or �-
workmanship and shall perform satisfactorily for a period of one-year from and after the Board of Supervisors accepts the work as complete
in accordance with Article 96-4.6,"Acceptance",of the Ordinance Code. Subdivider agrees to correct,repair,or replace,at his expense,
any defects in said work.
The guarantee period does not apply to road improvements for private roads which are not to be accepted Into the County road
system.
5. PLANT ESTABLi414N 11U g��-� Subdivider agrees to perform establishment work for landscaping Installed under this
agreement. Said plant establishment wo�rk shall consist of adequately watering plants,replacing unsuitable plants,doing weed,rodent and
other pest control and other work determined by the Public Works Department to be necessary to Insure establishment of plants.Said plant
establishment work shall be performed for a period of one-year from and after the Board of Supervisors accepts the work as complete. At
the discretion of the County,bids may be released after final acceptance of landscaping Improvements by the County.
6. IMP W4RR . Subdivider warrants the Improvement plans for the work are adequate to accomplish the
work as promised n Becton an as required by the Conditions of Approval for the Subdivision. If, at any time before the Board of
Supervisors accepts the work as complete or during the one-year guarantee period,said Improvement plans prove to be inadequate in any
respect,Subdivider shall make whatever changes are necessary to accomplish the work as promised.
7. NO WAfVER BY�CQ Inspection of the work and/or materials,or approval of work and/or materials or statement by any
officer, agent or employee of�thhounty indicating the work or any part thereof complies with the requirements of this Agreement,or
acceptance of the whole or any part of said work and/ materials,or payments,therefor,or any combination or all of these acts,shall not
relieve the Subdivider of his obligation to fulfill this agregiment as rea dbed;nor shall the County be thereby be stopped from bringing any
action for damages arising from the failure to comply with any of the terms and conditions hereof.
8. IND MN : Subdivider shall hold harmless and Indemnify the indemnitees from the liabilities as defined in this section:
A. Thebenefitted and protected by this promise are the County,and Its special district,elective and appointive
boards,commissions,o cars,agents,and employees.
B. The protected against are any liability or claim for damage of any kind allegedly suffered,incurred or threatened
because of actions de n e ow,and including personal Injury,death,property damage,Inverse condemnation,or any combination of
these, and,regardless of whether or not such liability,claim or damage was unforeseeable at any time before the County reviewed said
Improvement:plans or accepted the work as complete,and Including the defense of any suit(s),action(s),or other proceeding(s)concerning
said liabilities and claims.
C. The Subdivider,are any act or omission(negligent or non-negligent)In connection with the matters covered by
this Agreement and attributable to e contractor,subcontractor,or any officer,agent,or employee of one or more of them;
D. Non-Conditions: The promise and agreement in this section are not conditioned or dependent on whether or not any
Indemnitee has prepared,supplied,or approved any plan(s)or specification(s)in connection with this work or subdivision,or has Insurance
or other Indemnification covering any of these matters,or that the alleged damage resulted partly form any negligent or willful misconduct of
any Indemnity.
9. COMM: Subdivider shall pay when due,all the costs of the work,Including Inspections thereof and relocating existing utilities
required a y.
10. SUUEYS. Subdivider shall set and establish survey monuments in accordance with the filed map and to the satisfaction of the
County Road Commissioner-Surveyor before acceptance of any work as complete by the Board of Supervisors.
11. NO !�eEAND C.Q If Subdivider fails to complete the work within the time specified In this Agreement, and
subsequent extensions, or fails to maintain the work, the County may proceed to complete and/ormaintain the work by contract or
otherwise,and Subdivider agrees to pay all costs and charges Incurred by the County(including,but not limited to: engineering,inspection,
surveys,contract overhead,etc.)Immediately upon demand.
Subdivider hereby consents to entry on the subdivision property by the County and its forces,Including contractors,In the event the
County proceeds to complete and/or maintain the work.
Once action is taken by County to complete or maintain the work,Subdivider agrees to pay all costs incurred by the County,even If
Subdivider subsequently completes the work.
Should County sue to compel performance under this Agreement or to recover costs incurred In completing or maintaining the
work,Subdivider agrees to pay all attorney's fees,and all other expenses of litigation incurred by County In connection therewith,even If
Subdivider subsequently proceeds to complete the work.
12. INCORPORATION/ANNEXATION. If,before the Board of Supervisors accepts the work as complete,the subdivision Is included in
territory Incorporated as a city ors annexe to an existing city,the County's rights under this agreement and/or any deposit,bond,or letter
of credit securing said rights shall be transferred to the new or annexing city. Such city shall have all the rights of a third party beneficiary
against Subdivider,who shall fulfill all the terms of this agreement as though Subdivider had contracted with the city originally.
13. RECORD MAP. In consideration hereof, County shall allow Subdivider to file and record the Final Map or Parcel Map for said
Subdivision.
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of 2a -
County ofitn±n`
t
on rna io 13 .�c�t>>� before me, S��fi�
r ' Date Name and T121e of Officer(e.g.,-Jane Doe,Notary P Iia')
personally appeared tw r� ti"-; -0-vi �(,', -(;Q1 101 f
Name(s)of Signer(s)
personally known to me--OR—❑proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s)4e/are subscribed to the within instrument
and acknowledged to me that• /they executed the
same in hfs/f reWtheir authorized capacity(ies),and that by
(7!BRA A.S[iRWOfJI� k►ie>zh >ttheir signature(s)on the instrument the person(s),
U Ct MMn #1313582 or the entity upon behalf of which the person(s) acted,
NOTARY"PUBLIC-CAUFORNIAexecuted the instrument.
CONTRA COSTA COUNTY
COMM,EXP.JULY 16.2005�
WITNESS my hand and official sea[.
J J
signature of Notary PUbiic
OPTIONAL
Though the information below is not required by law,it may prove valuable to persons retying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name: Signer's Name:
❑ Individual ❑ Individual
❑ Corporate Officer ❑ Corporate Officer
Title(s): T[tle(s):
13 Partner---❑ Limited ❑ genera[ ❑ Partner•--❑ Limited ❑ General
• Attomey-in-Fact ❑ Attomey-in-f=act
❑ Trustee ❑ Trustee
❑ guardian or Conservator WOMBE11 11IM11112911 ❑ Guardian or Conservator
❑ Other: Top of thumb here ❑ Other: Top of thumb here
Signer Is Representing: Signer Is Representing:
0 1905 National Notary Association•8236 Remmot Ave.,t?O.Box 7184•Canoga Park.CA 91309-7184 Prod,No.5907 Reorder.Cali Toll-Free 1-800.876.6827
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SOREN AN AW
FOR AUDITOR-CONTROLLER USE ONLY.
DEPOSIT
PERMif
DP
NUMBER
DATE r r r x
ASSIGNED
The amunt of rrioriey described above is kl* Treasurer's ui '. v i approved,
i`�f .
--Do*
000649-9665 / 831000: 01092581, 1500.00, RS 2670 record of Survey
Map Check Fee, Tom Van termer, 3227 Andreasen Drive, LaFayette, CA
94599
000649-9665 1 831000: G1092582, $500.00, RS 2671 Record of Survey
Map Check Fee, John Swett Unified School District, 341 B Street, Crockett,
CA 94525
000649-9665 / 831000: 61092583, $75,000.00, PA 0002 Inspection Fee,
Windemere BLC Land Company, LLC, 3130 Crow Canyon ##310, San Ramon, CA
94583 -
999649 9666-4-634eft. 61092585, $12,027.00, PA 0002 Cash Bond,
Windemere BLC Land Company, GLC, 3130 Crow Canyon #310, San Ramon, CA
94583
000649-9665 / 831000: G1092586, J5,175,00, SUB 8564 Map Check Fee,
Shapell Industries of Northern California, 100 North Milpitas Blvd., P4 Box
361169, Milpitas, CA 95035
000649-9665 / 831000: 61092587, $3,325.00, SUB 8563 Map Check Fee,
Shapell Industries of Northern California, 100 North Milpitas Blvd., PO Box
361169, Milpitas, CA 95035
000649-9665/ 831000: G1092588, Leonard J. Steffen, 70 Stonington Ct.,
Danville, CA 94526
X1,000.00, SUB 7746 Improvement Plan Review
$10,893.00, SUB 7746 Inspection Fee
819800-0800: G1092588, $3,000,00, SUB 7746 Guarantee Performance
Cash Bond, Leonard J. Steffen, 70 Stonington Ct., Danville, CA 94526
000648-9140 / 112200: G1092588, $6,132.00, SUB 7746 Drainage
Deficiency Mitigation, Leonard J. Steffen, 70 Stonington Ct., Danville, CA
94526
Subdivision: PA 0002 {cross-ref Sub 79761
Bond No.: ST1843
Premium: $2,977.00
IMPROVEMENT SECURITY BOND
FOR PUBLIC RIGHT OF WAY LANDSCAPE AGREEMENT
(Performance, Guarantee, and Payment)
(California Government Code Sections 66462 and 56463)
1. RECITAL OF SUBDIVISION AGREEMENT: The Principal has executed an agreement with the County to
install and pay for public right of way landscaping,and other related improvements in PA 0002 as specified
in the Subdivision Agreement (Right of Way Landscaping), and to complete said work within the time
specified for completion in the Subdivision Agreement(Right of Way Landscaping),all in accordance with
State and local laws and rulings thereunder in order to satisfy conditions for filing of the Final Map or Parcel
Map for said Subdivision..
2. OBLIGATION: Windemere BLC Land Company, LLC ,asPrincipal,and
St Paul Fire and Marine Insurance Company ,acorporation organized existing under the laws
of the State of Minnesota , and authorized to transact surety business in
California, as Surety, hereby jointly and severally bind ourselves, our heirs, executors, administrators,
successors, and assigns to the County of Contra Costa, California to pay it:
A. Performance and Guarantee: One Million One Hundred Ninety Thousand Six Hundred Seventy-
Three Dollars($ 1. 190. 673.00)for itself or any city assignee under the above County Subdivision
Agreement.
B. Payment: Six Hundred One Thousand Three Hundred-Fifty Dollars($601,350.00)to secure the
claims to which reference is made in Title XV(commencing with Section 3082)ofPart 4 of Division
IIT of the Civil Code of the State of California.
3. CONDITION:
A. The Condition of this obligation as to Section 2.(A) above is such that if the above bounded
Principal,his or its heirs,executors,administrators,successors or assigns,shall in all things stand to
and abide by, and well and truly keep and perform the covenants,conditions and provisions in the
said agreement and any alteration thereof made as therein provided,on is or its part,to be kept and
performed at the time and in the manner therein specified,and in all respects according to their true
intent and meaning, and shall indemnify and save harmless the County of Contra Costa (or city
assignee),its officers,agents and employees,as therein stipulated,then this obligation shall become
null and void; otherwise it shall be and remain in full force and effect.
As part of the obligation secured hereby and in addition to the face amount specified therefore,there
shall be included costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee) in successfully enforcing such�obligation, all to be taxed as
costs and included in any judgement rendered.
B. The condition of this obligation as to Section 2.(B) above is such that said Principal and the
undersigned as corporate surety are held firmly bound unto the County of Contra Costa and all
contractors,subcontractors,laborers,material men and other persons employed in the performance of
the aforesaid agreement and referred to in the aforesaid Civil Code for materials furnished or labor
thereon of any kind,or for amounts due under the Unemployment Insurance Act with respect to such
work or labor, that said surety will pay the same in an amount not exceeding the amount herein
above set forth, and also in case suit is brought upon this bond, will pay, in addition to the fact
amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees,
incurred by County(or city assignee)in successfully enforcing such obligation,to be awarded and
fixed by the court, and to be taxed as costs and to be included in the judgement therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all
persons,companies and corporations entitled to file claims under Title 15(commencing with Section
3082)of Part 4 of Division 3 of the Civil Code,so as to give a right of action to them or their assigns
in any suit brought upon this bond.
Should the condition of this bond be fully performed then this obligation shall become null and void,
otherwise it shall be and remain in full force and effect.
C. No alteration of said subdivision agreement or any plan or specification of said work agreed to by the
Principal and the County shall relieve any Surety from liability on this bond; and consent is hereby
given to make such alteration without further notice to or consent by Surety;and the Surety hereby
waives the provisions of California Civil Code Section 2819,and holds itself bound without regard
to and independently of any action against Principal whenever takers.
SIGNED AND SEALED on May 8, 2042
WINDEMERE BLC LAND COMPANY, LLC
By: Lennar Homes of California, Inc. ST. PAUL FIRE AND MARINE
PRINCIPAL: its manager SURETY: INSURANCE COMPANY
Address: 3130 Crow Canyon, Suite 300 Address: 333 City Blvd. ,West #1100
City: San Ramon Zip: 94583 City: _Oran , _CA ip: 92868 -
� r
By: By:
Print Name: David vans Print Name: Patricia H. Brebner
Title: Vice President Title: Attorney-in-Fact
MW
G:\GrpData\EngSw\WumY W&y\BN-12A.doc
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
State of California
County of Orange
On May 9, 2002 before me, S. McDonald, NotatyPublic, personally
appeared David Evans, personally known to me to be the person whose
name is subscribed to the within instrument and acknowledged to me that
he executed the same in his authorized capacity, and that by his signature
on the instrument the person or the entity upon behalf of which the person
acted, executed the instrument.
Witness my hand and official seal. S. M DC ONALD
m min#t2;609M
Notary Public.California
'�--�-6�- 'gZ42� Grange county
r-4
OPTIONAL
Though the data below Is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING:
Corporate Officer--Vice President Lennar Homes of California Inc.
DESCRIPTON OF ATTACHED DOCUMENT
Type of Document: Improvement Bond No. ST1 843
Number of Pages: Two 12)
Date of Document: May 8._200_2
Signers (other than those named above): Patricia H. Brebner
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907
State of California
County of Orange
On May 8, 2002 before me, Alexis H.Bryan,Notary Public
DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC"
personally appeared Patricia H.Brebner
NAME(S)OF SIGNER(S)
personally known to me-OR- ❑ proved to me on the basis of satisfactory evidence to be the person(s)
whose name(s) is/are subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their
signatures) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed the instrument.
a ALEXIS H WITNESS my hand and official seal.
Commission#1306738 z
-ai Notary Public-California
Orange County
My Comm.Expires Jun 1,2"005 SIG TURF O OTARY
OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and
could prevent fraudulent reattachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ INDIVIDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S)_
H
LIMITED
GENERAL
® ATTORNEY-IN-FACT
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES
❑' OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
NAME OF PERSON(S)OR ENTITY(IES)
SIGNER(S) OTHER THAN NAMED ABOVE
S-4067/GEEF 2198 01993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184-Canoga Park.,CA 91309-7184
'me.% ul POWER OF ATTORNEY
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insurance Company Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurance Company Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Company
Power of Attorney No. 22775 Certificate No. 984019
KNOW ALL MEN BY THESE PRESENTS:That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York,and that
St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company and St.Paul Mercury Insurance Company are corporations duly organized under
the laws of the State of Minnesota,and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland,and
that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance
Underwriters,Inc.is a corporation duly organized under the laws of the State of Wisconsin(herein collectively called the "Companies"),and that the Companies do
hereby make,constitute and appoint
Jabs A.Schaller,Rhonda C.Abel,Jane Kepner,Nanette Mariella-Myers,Mike Parizino,Linda Enright,
Jeri Apodaca,Patricia H.Brebner,Leigh McDonough and Alexis H.Bryan
Costa Mess California
of the City of State their true and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above,to sign its name as surety to,and to execute,seal and acknowledge any and all bonds,undertakings,
contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the
performance of contracts and executing or guaranteeing bonds and undertakings requ#e'd or iiimitted to.any actions or proceedings allowed by law.
IN WITNESS WHEREOF,the Companies have caused this instrumetdto sirttsearxito- 4th day of October 2001.
Seaboard Surety Company United States Fidelity and Guaranty Company
St.Paul Fire and Marine Insomp Fidelity and Guaranty Insurance Company
St.Paul Guardian Insurant�* t Fidelity and Guaranty Insurance Underwriters,Inc.
St.Paul Mercury Insurance Co
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wvr)y NFA' twk���k yP!..wsiyq 4�4'
5►27' ° fie A; i'Ctt 8JLLJ tlr9 1877 1951
#REN' �' !r.Aw i�` •/ AIM •t '
f
State of Maryland
City of Baltimore THOMAS E.HUIBREGTSE,Assistant Secretary
On this 4th day of C tuber ?()Ql ,before me, the undersigned officer,personally appeared John F.Phinney and
Thomas E.Huibregtse,who acknowledged themselves to be the Vice President and Assistant Secretary,respectively,of Seaboard Surety Company,St.Paul Fire and
Marine Insurance Company,St.Paul Guardian Insurance Company,St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and
Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.;and that the seals affixed to the foregoing instrument are the corporate seals of
said Companies;and that they,as such,being authorized so to do,executed the foregoing instrument for the purposes therein contained by signing the names of the
corporations by themselves as duty authorized officers.
e` NO). r A d/ #' -
In Witness Whereof,I hereunto set my hand and official seal. a
My Commission expires the 13th day of July,2002. cm,>P REBECCA EASLEY-ONOKALA,Notary Public
86203 Rev.7-2000 Printed in U.S.A.
�r ^�
This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Seaboard Surety Company,St.Paul
Fire and Marine Insurance Company,St.Paul Guardian Insurance Company, St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,
Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance Underwriters,Inc.on September 2, 1998,which resolutions are now in full force and
effect,reading as follows:
RESOLVED,that in connection with the fidelity and surety insurance business of the Company,all bonds,undertakings,contracts and other instruments relating
to said business may be signed,executed,and acknowledged by persons or entities appointed as Attorney(s)-in-Fact pursuant to a Power of Attorney issued in
accordance with these resolutions. Said Power(s)of Attorney for and on behalf of the Company may and shall be executed in the name and on behalf of the
Company,either by the Chairman,or the President,or any Vice President,or an Assistant Vice President,jointly with the Secretary or an Assistant Secretary,
under their respective designations. The signature of such officers may be engraved,printed or lithographed. no signature of each of the foregoing officers and
the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Attorney(s)-in-Fact for purposes
only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and subject to any limitations set forth therein,any
such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company,and any such power so exe-
cuted and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which
it is validly attached;and
RESOLVED FURTHER,that Attomey(s)-in-Fact shall have the power and authority,and,in any case,subject to the terms and limitations of the Power of
Attorney issued them,to execute and deliver on behalf of the Company and to attach the seal of the Company to any and all bonds and undertakings,and other
writings obligatory in the nature thereof,and any such instrument executed by such Attomey(s)-in-Fact shall be as binding upon the Company as if signed by an
Executive Officer and sealed and attested to by the Secretary of the Company.
1,lbomas E.Huibregtse,AssistZt Secretary of Seaboard Surety Company,St.Paul Fire and Marine Insurance Company,St.Paul Guardian Insurance Company,
St.Paul Mercury Insurance Company,United States Fidelity and Guaranty Company,Fidelity and Guaranty Insurance Company,and Fidelity and Guaranty Insurance
Underwriters,Inc.do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which is in full force
and effect and has not been revoked.
IN TESTIMONY WHEREOF,I hereunto set my hand this 8th day of Ma Y 2002
1277
Thomas E.Huibregtse,Assistant Secretary
To verify the authenficity of this Power qfAtforney,call 1-800-42 clerk. Please refer to the Power ofAttorney number,
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the above-named individuals and the details ofthe bond tow auta
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